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Overlap of Termination Terms and Principles of Contract Law: The Toba Trading Case 终止条款与合同法原则的重叠:以多巴交易案为例
Pub Date : 2019-02-21 DOI: 10.1108/case.iima.2020.000199
A. Pathak
A buyer company has an advance payment stuck with the seller company and acts cautiously in not paying further till they get control over the goods. Claiming this to be a breach, the seller terminates the contract and makes claim for the damages. The seller picks all legal points it could in the routine business practices to escape the unfortunate situation. The judgment in the Toba Trade Case gives a comprehensive view of several legal themes including, payment and delivery, variation of contract, termination, anticipatory breach, award of damages and unjust enrichment.
买方公司向卖方公司预付了一笔款项,并谨慎行事,在获得货物控制权之前不进一步付款。卖方声称这是违约,终止合同并要求赔偿损失。卖方在日常商业活动中尽可能地选择一切合法的点来避免这种不幸的情况。多巴贸易案的判决书对付款与交付、合同变更、合同终止、预期违约、损害赔偿和不当得利等法律主题进行了全面的论述。
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引用次数: 0
Ownership Retention Terms in Sale Contracts Gone Astray: PST Energy 7 Shipping v.O.W. Bunker Malta Limited 出售合同中的所有权保留条款:PST Energy 7 Shipping v.o.w. Bunker Malta Limited
Pub Date : 2019-02-21 DOI: 10.1108/case.iima.2020.000198
A. Pathak
‘Title retention Clause’ was introduced in sale of goods contracts to prevent the transfer of ownership till the seller was fully paid. Exigencies of businesses have led to introduction of further clauses allowing the buyer to use or sub-sell the goods even before the transfer of ownership. The conflicting provisions, as the judgment of the United Kingdom Supreme Court in PST Energy 7 Shipping v O.W. Bunker Malta Limited brings out, changes the very character of the contract. The contract fails to be a contract of sale of goods depriving the parties of the valuable rights.
在货物买卖合同中引入了“所有权保留条款”,以防止所有权转移,直到卖方得到全额付款。企业的紧急情况导致引入进一步的条款,允许买方使用或转售货物,甚至在所有权转移之前。正如英国最高法院在PST Energy 7 Shipping诉O.W. Bunker Malta Limited一案中的判决所揭示的那样,这些相互冲突的条款改变了合同的本质。合同不属于货物买卖合同,剥夺了当事人的宝贵权利。
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引用次数: 0
Zerodha - A Success Story(A) Zerodha -一个成功的故事(A)
Pub Date : 2018-11-29 DOI: 10.1108/CASE.IIMA.2020.000151
Archit Garg, Aashish Gupta, G. Maheshwari, A. Sinha, Anish Sugathan
Technology has come a long way in the financial industry since the days of hard share certificates. The industry has been evolving at a very fast pace and today almost everything is online. Back in 2010, Nithin Kamath decided to set up an online brokerage platform that was capable of meeting the needs of the retail customers in the most efficient way. Efficiency for him meant both execution efficiency and cost efficiency. He was able to introduce zero commission trading to consumers and yet generate revenues through a business model never considered by the leading brokers during that time. The firm has ever since been growing based on the principle of Technology first by bringing valuable services to the customers. Interestingly, the firm has spent little on marketing and the growth has been riding on the back of customer satisfaction.
自硬股票时代以来,科技在金融行业取得了长足的进步。这个行业一直在以非常快的速度发展,今天几乎所有的东西都是在线的。早在2010年,Nithin Kamath决定建立一个在线经纪平台,能够满足零售客户的需求在最有效的方式。对他来说,效率意味着执行效率和成本效率。他能够向消费者介绍零佣金交易,并通过当时领先经纪商从未考虑过的商业模式产生收入。公司本着“技术第一”的原则,为客户提供有价值的服务,不断发展壮大。有趣的是,该公司在营销上的投入很少,其增长一直依赖于客户满意度。
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引用次数: 0
Airtel: Pricing in the Cannibalisation Era and Transition to Data Airtel:同类相食时代的定价和向数据的过渡
Pub Date : 2018-10-05 DOI: 10.4135/9781529709605
A. Sahay, Tara Tiwari
On October 1, 2017, Gopal Vittal, Managing Director and Chief Executive Officer-India and South Asia, Bharti Airtel, was in his New Delhi office reviewing current trends and Airtel's position in Indian Telecom. His primary concern was the shifting data consumption trend in the Indian Telecom Industry (Exhibit 1) and the disruptive changes that were impacting pricing and profitability since the entry of Reliance Jio Infocomm Limited (Jio) in September 2016. Data consumption in Indian telecom had started increasing exponentially after the entry of Jio who offered lifetime free voice services followed by rock-bottom data tariffs. As Vittal reviewed the data, he wondered if the voice market through a non-VOIP provision was now saturated and would rapidly decline. He was also concerned about the price and revenue implications for Airtel. How might the voice market evolve? How should he act on the pricing front to enable Airtel revenues to continue to grow in the context of what appeared to be predatory pricing by Reliance Jio?
2017年10月1日,Bharti Airtel印度和南亚董事总经理兼首席执行官Gopal Vittal在其新德里办公室回顾了当前趋势和Airtel在印度电信中的地位。他主要关注的是印度电信行业不断变化的数据消费趋势(表1),以及自2016年9月Reliance Jio Infocomm Limited (Jio)进入以来影响定价和盈利能力的颠覆性变化。在Jio提供终身免费语音服务之后,印度电信的数据消费开始呈指数级增长,随后是最低的数据资费。当Vittal回顾这些数据时,他想知道通过非voip提供的语音市场现在是否已经饱和,并将迅速下降。他还对Airtel的价格和收入影响表示担忧。语音市场将如何发展?在Reliance Jio似乎采取掠夺性定价的背景下,他应该如何在定价方面采取行动,使Airtel的收入继续增长?
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引用次数: 0
Bharat Footwear Limited Discount Coupons 巴拉特鞋业有限公司折扣券
Pub Date : 2018-09-12 DOI: 10.1108/case.iima.2020.000175
Bhavin J. Shah, N. Ravichandran
The case presents a customer's experience during the purchase of a pair of shoes in an upmarket retail outlet of Bharat Footwear Limited (BFL), in Ahmedabad, wherein he was offered a discount coupon meant for shareholders, at a shared consideration of 60 (buyer) and 40 (agent). The customer needs to decide on the acceptance or otherwise of the deal. Adequate data is provided to discuss this central issue in a business context along with an estimate of the secondary market of discount coupons. The analysis of the case leads to a debate on whether the discount policy should be continued or otherwise. While several sharing arrangements for the discount amount are considered, the key to the situation is not such arrangements but a robust system in dispensing these coupons.
该案例讲述了一位顾客在艾哈迈达巴德巴拉特鞋业有限公司(BFL)的一家高档零售店购买一双鞋时的经历,在那里他得到了一张为股东准备的折扣券,共同对价为60卢比(买方)和40卢比(代理商)。客户需要决定是否接受这笔交易。本文提供了充分的数据,以便在商业背景下讨论这一核心问题,并对贴现券二级市场进行了估计。对该案例的分析引发了一场关于折扣政策是否应该继续下去的辩论。虽然考虑了关于折扣数额的若干分摊安排,但问题的关键不在于这些安排,而在于分配这些券的健全制度。
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引用次数: 0
Nucor Rochelle India Limited (NRIL) 纽柯罗谢尔印度有限公司
Pub Date : 2018-08-21 DOI: 10.4135/9781529709742
N. Vohra, Arohini Narain, D. Bhatnagar
The case describes how a leader simultaneously addresses various aspects of business and people management to achieve a turnaround. The actions taken by the leader to get rid of the non-functional practices, nurture the existing practices, and create new strategies and processes to accomplish business growth are described. The leader reshapes the organisational culture in partnership with the human resource department. The case can be used to show the different leadership styles (transactional and transformational) and tactics for managing change-partnering with HR to revamp people practices, cherry-pick and develop the right talent, etc.
该案例描述了领导者如何同时处理业务和人员管理的各个方面,以实现转机。描述了领导者为摆脱非功能性实践、培养现有实践和创建新的战略和流程以实现业务增长而采取的行动。领导者与人力资源部门合作,重塑组织文化。这个案例可以用来展示不同的领导风格(交易型和转型型)和管理变革的策略——与人力资源部门合作,改革人事实践,挑选和培养合适的人才,等等。
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引用次数: 0
Meera Nair at PhoenixWay: Which Way to Go? Meera Nair在PhoenixWay:该走哪条路?
Pub Date : 2018-08-06 DOI: 10.4135/9781529709766
P. Premapuri, Vishal Gupta
The case describes the dilemma faced by Meera Nair, chief manager at PhoenixWay – a consultancy firm that has successfully grown over the years. There is a silent conflict in the personalities, work styles and attitude of Meera Nair and Mohit Dubey, her contemporary looking after client relationships. Nair finds inconsistencies in the words and actions of Dubey that have started to impact the work and motivation of her team. Her unsuccessful attempts to draw the attention of their boss Shekhar Sinha to these variances have left her unsure and demotivated. Sinha overlooks Dubey's fallacies and shows no signs of paying attention to the discrepancies and contradictions.
这个案例描述了凤凰之路(PhoenixWay)首席经理米拉•奈尔(Meera Nair)面临的困境。凤凰之路是一家多年来成功发展起来的咨询公司。米拉·奈尔和莫希特·杜贝在性格、工作风格和态度上都存在着无声的冲突,杜贝与她同时代,负责客户关系。奈尔发现杜贝言行不一,已经开始影响她团队的工作和动力。她试图引起老板谢卡尔·辛哈(Shekhar Sinha)对这些差异的注意,但没有成功,这让她感到不确定,也失去了动力。辛哈忽略了杜贝的谬论,没有表现出对差异和矛盾的关注。
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引用次数: 0
Sandwichworkz - The Fusion Street Café Sandwichworkz -融合街咖啡馆
Pub Date : 2018-08-01 DOI: 10.1108/case.iima.2020.000148
D. Roy, Mukund Raut, Sanchit Agrawal, Shubham Agrawal
Takshshila, the owner of Sandwichworkz, a trendy restaurant in Ahmedabad, India, is worried about the diminishing profitability of her restaurant. Recent promotional offers have increased the footfall, but not profitability. To address this issue, she knew she had to optimize and redesign their menu. She also realizes that to properly address this issue, they would beed to take into account factors such as popularity of each menu item and their per unit profitability. She contacts Nick, a restaurant consultant who further dwells into calculating the costs involved in making each item, to determine the per unit profitability. He proposed plotting the popularity vs. popularity graph (as per Kasavana Smith model) and making qyadrant specific re-enginering decisions. Post his analysis using this menu re-engineering tool, he calls Takshshila with his recommendations. During the call, they come across a new costing methodology which may affect his recommendations. Which methodology should Nick use? Should Takshshila invest in capturing data for the new methodology?
塔克什希拉(Takshshila)是印度艾哈迈达巴德一家时髦餐厅Sandwichworkz的老板,她担心自己餐厅的盈利能力正在下降。最近的促销活动增加了客流量,但没有提高盈利能力。为了解决这个问题,她知道她必须优化和重新设计他们的菜单。她还意识到,要正确解决这个问题,他们必须考虑到每个菜单项目的受欢迎程度和单位盈利能力等因素。她联系了餐厅顾问尼克(Nick),尼克进一步研究了制作每件产品的成本,以确定单位盈利能力。他建议绘制人气vs人气图(根据Kasavana Smith模型),并做出非常具体的重组决策。使用这个菜单重新设计工具发布他的分析,他给Takshshila打电话并提出了他的建议。在电话中,他们遇到了一种新的成本计算方法,这可能会影响他的建议。尼克应该使用哪种方法?Takshshila是否应该投资于为新方法获取数据?
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引用次数: 0
Vasudha's Dismay Vasudha的沮丧
Pub Date : 2018-07-31 DOI: 10.1108/case.iima.2020.000126
S. Aggarwal, Maharaja Agrasen, Vishali Gupta
The case describes the situation of Vasudha Kumar, Manager – Background Vetting at Praxum Services Limited. She is surprised by the unexpected resignation of her team member a few days before she has to leave for her maternity break. In a small team, how does she deal with this unanticipated resignation? She wonders if this is ethical. Kumar, the protagonist of the case had to handle multiple crisis situations along her journey. How will she overcome challenges of managing the new gen workforce?
案例描述了Praxum Services Limited背景审查经理Vasudha Kumar的情况。在她要休产假的前几天,她的团队成员突然辞职,这让她很惊讶。在一个小团队中,她如何处理这种意外的辞职?她想知道这是否合乎道德。案件的主角库马尔在她的旅途中不得不处理多种危机情况。她将如何克服管理新一代劳动力的挑战?
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引用次数: 0
Transformation of Indian Automobile Industry through Inter-Organization IT initiative: AutoDX (B) 通过组织间IT计划实现印度汽车工业的转型:AutoDX (B)
Pub Date : 2018-07-30 DOI: 10.4135/9781529709759
S. Verma
AutoDx Case narrates an exciting story of how organizations in one industry (buyers, suppliers, and suppliers of suppliers), who fiercely compete with each other in the marketplace, collaborated to develop an online platform which would bring in significant efficiency in the system and benefit all the players. The case shows that first attempt to develop such a platform failed in the late 90s. However, similar attempt, later on, was inching towards success. That shows the impact of timing of technology and Shared Beliefs. While Case A narrates the problems faced by a few managers and needs for autoDx, Case B details how the project became successful and was under the process of adoption by various organizations.
AutoDx案例讲述了一个令人兴奋的故事,讲述了一个行业中的组织(买家、供应商和供应商的供应商)如何在市场上相互激烈竞争,合作开发一个在线平台,从而提高系统的效率,并使所有参与者受益。这个案例表明,开发这样一个平台的第一次尝试在90年代末失败了。然而,类似的尝试,后来,慢慢走向成功。这显示了技术时机和共同信念的影响。案例A描述了一些管理人员面临的问题和autoDx的需求,案例B详细描述了项目是如何成功的,以及如何被各种组织采用的。
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引用次数: 0
期刊
Indian Institute of Management Ahmedabad
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